Home Blog

Teal Pumpkins and IP

It’s mid-October, which means the season of teal pumpkins is upon us! We know what you’re thinking – pumpkins are orange, not teal. And while...

The Battle for Budweiser

In 1795 a group of German settlers has established a new brewery named Budweiser Bürgerbräu in a town of České Budějovice (Budweis in German),...
amazon-rings-2

Can Amazon Trademark Alexa’s Blue Rings?: PART 2

Part-2 Functionality and why trademark, why not patent? Functionality contd.. In my previous article, I discussed how a mark/color/feature cannot attain a trademark registration if the...
IP university part 2

Monetizing Intellectual Property at Universities- Part 2

(READ Post 1 HERE) Patents, Trade Secrets and Open Licenses The traditional model, of universities assuming ownership over patentable technology created under their policies, and then licensing...
Amazon rings 1

Can Amazon Trademark Alexa’s blue rings?: PART 1

Part-1- The USPTO Application analysis Almost three years back, in the year 2014, Amazon Technologies Inc. (Amazon) introduced Amazon Echo, popularly known as Echo. Echo...
Velcro

It’s Hook and Loop, Not Velcro!: A Discussion of Trademark Genercide

You may have noticed the video “Don’t Say Velcro” trending on your social media platforms this week. The video, produced by Velcro® Brand’s legal...
trademark_color

2017: The Year of Colors in Trademark Law

Trademarking a color might seem unusual but it's not impossible. The main function of a trademark is that it helps in identifying a source...

Monetizing Intellectual Property at Universities – Part 1

Historically, universities have been expected to conduct research, publish their results, and make their data and findings accessible to the public. However, with universities...
Artificial Intelligence

Should we say YES to Artificial Humans?

Artificial Intelligence (AI), in simple terms, means the development of computer systems to perform basic tasks that require human intelligence such as learning, communicating,...
ADR

Alternate Dispute Resolution and Intellectual Property

Globalization has been the key factor of development in the 21st Century.  The idea of the world being one “Global Village” has helped almost...

Artificial Intelligence in the Fashion Domain

Artificial Intelligence (AI) is taking over the fashion industry and it is yet to be seen how it will influence merchandiser experiences, advertising campaigns,...
Advertisment

Advertisement War Between Competitors: Fair Game Or Disparagement

In words of Leo Burnett, “Good advertising does not just circulate information. It penetrates the public mind with desires and belief.” Advertising does not...
Jose_Mourinho

What’s In a Name?: The Jose Mourinho Trademark Saga

In May 2016 Jose Mourinho was named as the manager for Manchester United Football Club.  During this announcement, it was revealed that his name...

The Impact of Brexit on Trademarks in the UK

In June 2016 the UK voters decided in a referendum to leave the European Union.  (Also known as "Brexit.") The process of the UK’s...
protect intellectual property

It’s Time to Protect Your IP From Your Own People

When an insider by the use of technology, steals the proprietary information from the company it is said to be an insider’s theft. One...

Bootlegging: Fashion Industry’s Piracy Paradox

  "If players like Louis Vuitton and Gucci have their hands full protecting their intellectual property, then what chance does a young designer have?” said...

Marketquest Group v. BIC Corporation: The New Perspective on Reverse Confusion Theory

  The 9th Circuit of the U.S. Court of Appeals in its recent judgement of Marketquest Group v. BIC Corporation clarified the requirements for establishing...

Amazon Brand Registry: What You Need to Know!

Near the end of July, the online behemoth’s shares were trading upwards of 40% year to date.  Coming on the heels of Amazon’s announced...
super hero

Whose License is it Anyway?

A good superhero movie in the Hollywood can command an average budget of anywhere between 100 Million and 250 million. This isn’t surprising because...
wrigley gum

Trademark Infringement: Wrigley sues E-cig Firm Over Famous Chewing Gum Products

On July 13, 2017, Chicago-based chewing gum company W.M. Wrigley Jr. Company filed a trademark infringement lawsuit against Chi-Town Vapers LLC, another Chicago based...

What You Need To Know About Trademark ID’s

As a trademark attorney, one of the most common misunderstandings that I see among my clients, is the confusion between Classes and ID’s. Very...

Trademarks, Signaling, and Innovation

13-year old Rachel Zietz was a skilled lacrosse player who became frustrated after spending hundreds of dollars on lacrosse equipment that was of low...

Trademarks after Tam: A Rise in Offensive Filings and the Washington Redskins

Four weeks ago, the Supreme Court ruling in Matal v. Tam answered a decades long question that has captivated the attention of the media, businessman, sports fans, and legal theorists alike: the team name...
Brand Theft

6 Tips: Responding to Brand Theft

As an entrepreneur, you have worked hard to carefully build your reputation. However, imagine that one day you are surprised by that customer that...
Europe Google

Google Hit with $2.7 Billion Antitrust Fine by EU Regulators

On Tuesday, June 27th, European Union regulators fined Google approximately $2.7 billion (2.4 billion euro) for violation of the EU’s antitrust laws. It was...
Proof of Use

Proof of Use and USPTO Federal Trademark Registration

Individuals and business are constantly attempting to register their brands with the United States Patent and Trademark Office (USPTO). The trademarking process is often...
Supreme Court

BREAKING NEWS – SCOTUS Holds Trademark Act Disparagement Clause Unconstitutional

  On Monday June 19, 2017, The Supreme Court of the United States decided Matal v. Tam, regarding the registrability of band name "The Slants"...

I Want That Domain Name!  

Many individuals, after registering a trademark, find that the corresponding domain names are not available for their use. This can be frustrating but due...

What’s So Fair About Fair Use?

This article was originally published at The Ruby-Slippered Sisterhood blog in 2012. It is being reprinted today with permission from the author, Amanda Brice, who...

Trademarkia at INTA!

If you're at the International Trademark Association annual meeting in Barcelona this week, we encourage you to stop by and say hello! We're having a...
Youtube Trademark

YouTube To YourMark: Applying Trademark Protection to YouTube Channels

  With the growth of crowd sourced and  alternative media, the importance of protecting one’s creative outlet is likewise of growing concern. Just ask PewDiePie,...
file

Not Just For File Cabinets and Desk Drawers: The Importance of Organizational Skills

Many new business owners are so focused on honing their services, obtaining financing, and expanding their clientele that they forsake the importance of recording...
Trademark Disclaimers

Trademark Disclaimers Part II: Why Should I Be Concerned About a Disclaimer?

What if you hyphenate the words? A mere hyphen would not dilute the descriptive nature of the words. The USPTO analysis would then be:...
Trademark Disclaimer

Trademark Disclaimers Part I: What is a Disclaimer?

Disclaimers are an inherent part of the trademark registration process. So what are “disclaimers”? According to the USPTO, a disclaimer is when the applicant...
Slur

Of Slurs and Square Roosters: The Strange World of Section 2(a) Refusals

What do an Asian-American rock band and a professional football team from Washington D.C. have in common? Both lost, or were refused, trademark registrations...
lawsuit

What To Know Before Filing A Lawsuit

You may believe that someone has infringed upon your legal rights to such an extent that it is necessary to sue them. Before you...
trademark fraud

Fraudulent Trademark Solicitations Roundtable – July 26, 2017

The United States Patent and Trademark Office announced that on July 26, 2017 the Trademark Organization and the Trademark Public Advisory Committee plan to hold...

A House Divided: Joint Trademark Ownership and (all of) You

Exactly who should own a trademark is almost a metaphysical question. A statutorily vital function of a trademark is to identify "the" source of...

USE IN COMMERCE — WHAT DOES IT MEAN?

You’re ready to file your trademark application with the USPTO, but you’re asked to provide the date that you first used your mark “in...

How To Create a Strong Trademark

Fanciful Arbitrary Suggestive Descriptive Generic   HOW TO CREATE A STRONG TRADEMARK? Not all marks are perceived in the same manner. There’s a spectrum on which trademarks are usually judged. These...

News

Legal Info